[Federal Register Volume 64, Number 176 (Monday, September 13, 1999)]
[Rules and Regulations]
[Pages 49404-49409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23579]



[[Page 49404]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY-75-1-9910a; KY-97-1-9911a; FRL-6435-4]

Approval and Promulgation of Implementation Plans


Kentucky: Approval of Revisions to the Louisville State 
Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving the Air Pollution Control District of 
Jefferson County portion of the State Implementation Plan (SIP) 
submitted by the Commonwealth of Kentucky through the Natural Resources 
and Environmental Protection Cabinet on November 12, 1993, and amended 
on April 5, 1994, and June 30, 1997, which includes the 15 Percent 
Rate-of-Progress Plan (15 percent plan) for the Louisville moderate 
ozone nonattainment area. This submittal was made to meet the 15 
percent reduction in emissions of volatile organic compounds (VOCs) 
requirement of section 182(b)(1)(A) of the Clean Air Act, as amended in 
1990 (CAA). EPA is approving the plan, including the individual 
measures that achieve the 15 percent reduction in VOCs and the 
Jefferson County 1990 Base Year Emissions Inventory. The inventory was 
submitted by Kentucky to fulfill requirements of section 182(b) of the 
CAA.

DATES: This direct final rule is effective November 12, 1999 without 
further notice, unless EPA receives adverse comment by October 13, 
1999. If adverse comment is received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: All comments should be addressed to: Scott M. Martin at the 
EPA, Region 4 Air Planning Branch, 61 Forsyth Street, SW, Atlanta, 
Georgia 30303.
    Copies of the documents relative to this action are available for 
public inspection during normal business hours at the following 
locations. The interested persons wanting to examine these documents 
should make an appointment with the appropriate office at least 24 
hours before the visiting day. Reference file KY-97.

Air and Radiation Docket and Information Center (Air Docket 6102), U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460.
Environmental Protection Agency, Region 4 Air Planning Branch, 61 
Forsyth Street, SW, Atlanta, Georgia 30303-3104.
Department for Environmental Protection, Natural Resources and 
Environmental Protection Cabinet, Division of Air Quality, 803 Schenkel 
Lane, Frankfort, Kentucky 40601.
Air Pollution Control District of Jefferson County, 850 Barrett Avenue, 
Suite 205, Louisville, Kentucky 40204.

FOR FURTHER INFORMATION CONTACT: Scott M. Martin, Regulatory Planning 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, Region 4 Environmental Protection Agency, 61 Forsyth Street, 
SW, Atlanta, Georgia 30303-3104. The telephone number is 404-562-9036.

SUPPLEMENTARY INFORMATION: The information presented in this preamble 
is organized as follows:
     Background.
     1990 Base year emissions inventory.
     Adjusted base year inventory.
     1990 Rate-of-progress inventory.
     15 Percent plan.
     Creditable 15 percent reduction.
     Total expected reductions by 1996.
     Target level emissions for 1996.
     Reductions needed by 1996 to achieve 15 percent accounting 
for growth.
     Reductions required by 1996.
     1996 Projected emissions.
     Control strategies to meet the 15 percent reduction 
requirement and approval of supporting regulations.
     Final action.
     Administrative requirements.

Background

    The Louisville area was classified as a multi-state moderate ozone 
nonattainment area on November 15, 1990, pursuant to the CAA. The 
Louisville nonattainment area consists of Jefferson County and parts of 
Bullit and Oldham Counties, Kentucky, and Floyd and Clark Counties, 
Indiana.
    Section 182(b) of the CAA requires that each state in which all or 
part of a moderate nonattainment area is located submit, by November 
15, 1992, an inventory of actual emissions from all sources, as 
described in section 172(c)(3) and 182(a)(1), in accordance with 
guidance provided by the Administrator. This inventory is for calendar 
year 1990 and is designated the base year inventory. The inventory 
should include both anthropogenic and biogenic sources of volatile 
organic compounds (VOCs), nitrogen oxides (NOx), and carbon monoxide 
(CO), and must address actual emissions of these pollutants in the 
nonattainment area during the peak ozone season. The inventory should 
include all point and area sources, as well as all highway and non-
highway mobile sources.
    In addition, section 182(b)(1)(A) of the CAA requires ozone 
nonattainment areas classified as moderate and above to develop plans 
to reduce VOC emissions by 15 percent from the 1990 base year. The 
plans were to be submitted by November 15, 1993, and the reductions 
were required to be achieved within six years of enactment or November 
15, 1996. The CAA also set limitations on the creditability of certain 
types of reductions. Specifically, a state cannot take credit for 
reductions achieved by Federal Motor Vehicle Control Program (FMVCP) 
measures promulgated prior to 1990, or for reductions resulting from 
requirements to lower the Reid Vapor Pressure (RVP) of gasoline 
promulgated prior to 1990 or required under section 211(h) of the CAA, 
which restricts gasoline RVP. Furthermore, the CAA does not allow 
credit for corrections to vehicle I/M Programs or corrections to 
Reasonably Available Control Technology (RACT) rules as these programs 
were required prior to 1990.

1990 Base Year Emissions Inventory

    In this action, the EPA is approving the 1990 base year emissions 
inventory for the Louisville area. Detailed information on the 
emissions calculations can be obtained at the Regional Office address 
above. The following table is a summary of the base year emissions 
inventory.

              Louisville 1990 Base Year Emissions Inventory
                               [Tons/day]
------------------------------------------------------------------------
           Source type                 VOC          NOX           CO
------------------------------------------------------------------------
Point............................        83.75       147.87        10.14
Area.............................        38.69          4.5        28.04

[[Page 49405]]

 
Mobile...........................        92.81        40.49       541.22
Nonroad..........................        12.68        16.58        54.61
Biogenic.........................         20.9          N/A          N/A
                                  --------------------------------------
    Total........................       248.83       209.44       634.01
------------------------------------------------------------------------

    The EPA is approving this inventory as satisfying the requirements 
of section 182(a)(1) of the CAA.

Adjusted Base Year Inventory

    The adjusted base year inventory for VOCs requires exclusion of 
emission reductions that would occur by 1996 as a result of the FMVCP 
and RVP regulations promulgated prior to 1990. The following table is a 
summary of the adjusted base year inventory.

              Louisville 1990 Adjusted Base Year Inventory
                               [Tons/day]
------------------------------------------------------------------------
                        Source type                              VOC
------------------------------------------------------------------------
Point......................................................        83.75
Area.......................................................        38.69
Mobile.....................................................        49.52
Nonroad....................................................        12.68
                                                            ------------
    Total..................................................       184.64
------------------------------------------------------------------------

1990 Rate-of-Progress Inventory

    The Rate-of-Progress inventory is comprised of the anthropogenic 
stationary (point and area) and total mobile source emissions in the 
nonattainment area with all biogenic emissions removed from the base 
year inventory. The following table is a summary of the Rate-of-
Progress baseline inventory.

               Louisville 1990 Rate-of-Progress Base Year
                               [Tons/day]
------------------------------------------------------------------------
                        Source type                              VOC
------------------------------------------------------------------------
Point......................................................        83.75
Area.......................................................        38.69
Mobile.....................................................        92.81
Nonroad....................................................        12.68
                                                            ------------
    Total..................................................       227.93
------------------------------------------------------------------------

15 Percent Plan

    Kentucky submitted a 15 percent Plan for the Louisville 
nonattainment area to EPA on November 12, 1993, with additional 
information submitted on April 5, 1994, and June 30, 1997. This 
submittal was required in order to demonstrate reasonable further 
progress in attaining the National Ambient Air Quality Standard (NAAQS) 
for ozone. This 15 percent plan is not intended to demonstrate 
attainment of the ozone NAAQS. The CAA required Kentucky to submit a 
plan by November 15, 1993, and to attain the ozone NAAQS by 1996. In 
order to demonstrate progress, the Commonwealth must achieve actual VOC 
emission reductions of at least 15 percent during the first six years 
after enactment of the CAA. The 15 percent reduction must be based on a 
decrease from the 1990 base year emissions, excluding emissions from 
other reduction programs and emission sources outside the nonattainment 
area.

Creditable 15 Percent Reduction

    The adjusted base year inventory of 184.64 tons/day is multiplied 
by 0.15 to calculate the creditable 15 percent reduction in tons/day. 
Louisville needs a reduction of 27.70 tons/day to obtain the creditable 
15 percent reduction.

Total Expected Reductions by 1996

    The total expected reductions by 1996 include the required 15 
percent (27.70 tons/day), the reductions from FMVCP and RVP (43.29 
tons/day), corrections to RACT rules (0.00 tons/day) and corrections to 
I/M programs (0.00 tons/day). Louisville was required to have a total 
of 70.99 tons/day of VOC reductions by 1996.

Target Level Emissions for 1996

    To calculate the 1996 target emissions level, the total expected 
reductions (70.99 tons/day) are subtracted from the 1990 Rate-of-
Progress base year inventory (227.93 tons/day) for the Louisville 
nonattainment area. This gives a 1996 target level emissions of 156.94 
tons/day.

Reductions Needed by 1996 to Achieve 15 Percent Accounting for 
Growth

    The reductions needed to achieve 15 percent accounting for growth 
are determined by subtracting the target level emissions (156.94 tons/
day) from the 1996 estimated emissions (199.57 tons/day) giving a total 
of 42.63 tons/day in additional reductions needed.

Reductions Required by 1996

    In order to meet the target level required for 1996, Louisville 
must reduce VOC emissions by an additional 42.63 tons/day. The 1990 
Rate-of-Progress Base Year inventory is the base inventory from which 
the 15 percent reduction on existing sources and the reduction from 
growth by 1996 must be calculated to meet requirements of the CAA.
    The following is a summary of the reductions Louisville obtained to 
meet this requirement. More detailed information concerning specific 
areas of reduction can be found in the Technical Support Document (TSD) 
located at the Regional EPA address listed above.

                                        Summary of VOC Reductions Needed
----------------------------------------------------------------------------------------------------------------
                        Jefferson county                             Required        Expected         Outcome
----------------------------------------------------------------------------------------------------------------
Point Sources...................................................           16.37           16.78            0.41
Area Sources....................................................            8.98            7.53           -1.45
Mobile Sources..................................................           15.48           17.87            2.39
Subtotal........................................................           40.83           42.18            1.35
Bullit/Oldham Counties..........................................            1.79            1.20           -0.59
                                                                 -----------------------------------------------

[[Page 49406]]

 
    Total.......................................................           42.62           43.38             (1)
----------------------------------------------------------------------------------------------------------------
\1\ 0.76 tons/day excess reductions.

1996 Projected Emissions

    The projected emissions for 1996 have been calculated by applying 
the control measures discussed below to the 1996 Estimated Emissions. 
The 1996 Projected Emissions are shown as follows:

                        1996 Projected Emissions
                               [Tons/day]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point......................................................        70.85
Area.......................................................        31.66
Mobile.....................................................        39.51
Nonroad....................................................        14.17
                                                            ------------
    Total..................................................       156.19
------------------------------------------------------------------------

    The 1996 Projected Emissions of 156.19 tons/day are less than the 
1996 Target Level Emissions of 156.94 tons/day.

Control Strategies to Meet the 15 Percent Reduction Requirement and 
Approval of Supporting Regulations

Industrial Source Control Measures

Regulation 1.18  Rule Effectiveness
    Regulation 1.18 Rule Effectiveness is being added and applies to 
sources subject to Regulation 6.43 VOC Emission Reduction Requirements. 
Sources must develop a rule effectiveness improvement plan and have all 
measures implemented by November 15, 1996. These improvements reduce 
VOC emissions by 12,740 lbs/day or 6.37 tons/day.
1990 Non-Compliance Sources
    There were three industrial sources that were not in compliance 
with existing VOC emission requirements during 1990. The actual 
emissions of these sources were included in the 1990 emissions 
inventory. These sources subsequently implemented compliance plans and 
are now in compliance with these VOC emissions requirements. The 
reductions from the actual emissions levels down to the allowed 
emissions levels are included in the final 15 percent VOC emissions 
reduction plan for the industrial source categories. This results in a 
reduction of 2,696 lbs/day or 1.35 tons/day.
Regulation 6.43  VOC Emission Reduction Requirements
    Regulation 6.43 VOC Emission Reduction Requirements establishes 
emissions, equipment, and operational requirements for 16 sources. Each 
source voluntarily agreed to the requirements. The sources are as 
follows: Akzo Nobel Resins; Alcan Rolled Products Company, Louisville 
Plant; American Synthetic Rubber Corporation; Ashland Petroleum 
Company, Aetna Terminal; the Carbide/Graphite Group, Inc.; Courtaulds 
Coatings, Plant #1; DuPont Dow Elastomers L.L.C.; the Earthgrains 
Company; Ford Motor Company; Gateway Press, Inc.; Marathon Oil Company, 
Louisville Terminal; Phillip Morris Incorporated, Maple Street Plant; 
Reynolds Metals Company, Plant #1; Rohm and Haas Kentucky Inc.; United 
Defense Louisville Plant; Zeon Chemicals KY, Inc. These requirements 
reduce VOC emissions by 7,127 lbs/day or 3.56 tons/day. Further details 
pertaining to the requirements specific to each source can be obtained 
from the Regional EPA address listed above.
Use of Emission Reduction Credits (ERCs)--Industry Held
    The voluntary use of industry held ERCs is a component of 
Regulation 6.43 and will provide a reduction of 5,859 lbs/day or 2.93 
tons/day in VOC emissions. These ERCs have been retired from 
Louisville's ERC Bank.
Regulation 2.12  Emissions Trading (Including Banking and Bubble Rules)
    This regulation is being added to develop Louisville's emission 
trading and banking program. The regulation is applicable to any 
pollutant for which Louisville has adopted stationary source control 
regulations. The application procedures, creation of ERCs, the use of 
ERCs, the withdrawal of ERCs, and the air quality modeling requirements 
for use of particulate matter, sulfur dioxide, and carbon monoxide ERCs 
are all established in the regulation. EPA is not taking action on 
section 8 Alternate Emission Standards (Bubbles), section 9 
Transmittals to EPA, and section 10 Amendments to the State 
Implementation Plan: Requirements and Exemptions. Approval of these 
sections is not required for the Louisville area to operate a banking 
and trading program and the sections do not meet EPA guidance.
Use of Unallocated Community-Held ERCs.
    Regulation 2.12 Emissions Trading (Including Banking and Bubble 
Rules) is being added to the Louisville SIP to establish the procedural 
requirements for the use of unallocated community held ERCs. The ERCs 
used toward the 15 percent plan have been retired from the bank and 
will provide a reduction of 5,129 lbs/day or 2.56 tons/day in VOC 
emissions.

Area Source Control Measures

Regulation 1.16  Standards for Volatile Organic Compound Content of 
Architectural and Industrial Maintenance Coatings
    This regulation is being added to require a 25 percent reduction in 
VOC content in coatings used for architectural and industrial 
maintenance. There are two emission categories relevant to this area: 
architectural surface coatings and traffic markings. The total 
projected 1996 emissions from these categories is 12,090 lbs/day. 
Multiplying this by 0.25 gives a reduction of 3,022 lbs/day or 1.51 
tons/day.
Regulation 6.40  Standards of Performance for Gasoline Transfer to 
Motor Vehicles (Stage II Vapor Recovery and Control)
    This regulation is being added to the Louisville SIP and is 
applicable to gasoline dispensing facilities dispensing gasoline from 
storage tanks to motor vehicle fuel tanks. This regulation applies to 
both new and existing gasoline dispensing facilities whose monthly 
throughput exceeds 10,000 gallons of gasoline based upon calculating 
the average volume of gasoline dispensed per month over the consecutive 
12 month period preceding the effective date of this regulation (August 
9, 1993). Regulation 6.40 does not apply to a gasoline dispensing 
facility of an independent small business marketer which dispenses an 
average monthly throughput of less than 25,000 gallons of gasoline per 
month. The application of Stage II vapor recovery equipment on the 
gasoline

[[Page 49407]]

dispensing facilities in the County as specified in Regulation 6.40 is 
expected to result in a reduction of 95 percent in the relevant VOC 
emissions. Since the use of reformulated gasoline has been mandated for 
the area through the Commonwealth's opt-in to the program, an allowance 
was made for this reduction prior to calculating the Stage II 
reduction. The EPA estimate of 3.5% was used. The following provides 
the basis for the estimate of the emission reduction:

1996 Projected Emissions (no RFG)--11,299 lbs/day
3.5% Reduction for RFG---395 lbs/day
Net projected 1996 Emissions--10,904 lbs/day
10,904 lbs/day  x  0.95 = 10,358 lbs/day or 5.18 tons/day reduction.
Regulation 6.44  Standards of Performance for Existing Commercial Motor 
Vehicle and Mobile Equipment Refinishing Operations and Regulation 7.79 
Standards of Performance for New Commercial Motor Vehicle and Mobile 
Equipment Refinishing Operations
    These regulations are being added to the Louisville SIP and are 
applicable to commercial facilities making spot repairs, panel repairs, 
refinishing of parts and/or the refinishing of the entire motor vehicle 
or mobile equipment. These regulations require auto refinishing shops 
to reduce VOC emissions by limiting solvent use, paints, equipment used 
or some combination of these options and result in 0.57 tons/day 
reduction in VOC emissions.
Regulation 6.45  Standards of Performance for Existing Solid Waste 
Landfills
    This regulation is being added to the Louisville SIP and is 
applicable to existing solid waste landfills located in Jefferson 
County, Kentucky that commenced operation before or after February 2, 
1994. This regulation involves the control of VOC emissions from 
landfill waste disposal sites implementing collection and combustion of 
landfill gases and will result in a 0.10 tons/day reduction in VOC 
emissions.
Gasoline Controls for Off-Road Mobile Sources
    By adopting the use of reformulated gasoline for non-road engines 
Louisville will obtain a reduction of 0.17 tons/day.

Mobile Source Control Measures

Regulation 8.03 Commuter Vehicle Testing Requirements
    This regulation is being added to the Jefferson County SIP and is 
applicable to the owners or operators of vehicles who routinely or 
regularly commute to Jefferson County, Kentucky for employment or self 
employment. The provisions of this regulation also apply to all 
employers and self-employers with one or more employees who routinely 
or regularly commute to Jefferson County for employment or self 
employment. Commuters shall have their vehicle's emissions tested on an 
annual basis at a Jefferson County Vehicle Emissions Testing Center and 
shall comply with Regulation 8.01 unless exempted. This regulation will 
result in a 4.98 tons/day reduction in VOC emissions.
Gasoline Controls
    Implementation of reformulated gasoline for onroad mobile sources 
reduces VOC emissions by of 9.99 tons/day.
Other Control Measures
    In an effort to gain additional reductions, Louisville is 
implementing the following programs: Transit (1.30 ton/day), Rideshare 
(1.10 tons/day), Alternate Fuel Vehicles (0.10 tons/day), and Traffic 
Signal Improvements (0.40 tons/day) for a total reduction in VOC 
emissions of 2.90 tons/day.

Final Action

    The EPA is granting final approval of the Louisville 1990 Base Year 
Emissions Inventory and 15 percent plan because they are consistent 
with the CAA and EPA requirements. Final approval is also being granted 
to the regulations discussed in the previous section of this document.
    Also included in this submittal were revisions to Regulation 1.02 
Definitions; Regulation 1.04 Performance Tests; Regulation 1.06 Source 
Self Monitoring and Reporting; Regulation 1.07 Emissions During 
Shutdowns, Malfunctions, and Emergencies; Regulation 1.08 
Administrative Procedures; Regulation 2.02 Air Pollution Regulation; 
Regulation 2.03 Permit Requirements--Non-Title V Operating Permits and 
Construction/Demolition Permits; Regulation 2.07 Public Notification; 
Regulation 2.08 Emission Fees, Permit Fees, and Permit Renewal 
Procedures; Regulation 5.14 Hazardous Air Pollutants; and Regulation 
6.42 VOC and NOx RACT. Action on these regulations will be taken in a 
separate notice.
    Nothing in this action should be construed as making any 
determination or expressing any position regarding Kentucky's audit 
privilege and penalty immunity law, Kentucky--``KRS 224.01-040'', or 
its impact upon any approved provision in the SIP, including the 
revision at issue here. The action taken herein does not express or 
imply any viewpoint on the question of whether there are legal 
deficiencies in this or any other Clean Air Act program resulting from 
the effect of Kentucky's audit privilege and immunity law. A state 
audit privilege and immunity law can affect only state enforcement and 
cannot have any impact on federal enforcement authorities. EPA may at 
any time invoke its authority under the Clean Air Act, including, for 
example, sections 113, 167, 205, 211 or 213, to enforce the 
requirements or prohibitions of the state plan, independently of any 
state enforcement effort. In addition, citizen enforcement under 
section 304 of the Clean Air Act is likewise unaffected by a state 
audit privilege or immunity law.

I. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Order 12875

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    Today's rule does not create a mandate on State, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities.

C. Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not

[[Page 49408]]

required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. Accordingly, the requirements 
of section 3(b) of Executive Order 13084 do not apply to this rule.

D. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045 because it does not involve 
decisions intended to mitigate environmental health or safety risks.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 and subchapter I, part D of the Clean Air Act do not create 
any new requirements but simply approve requirements that the State is 
already imposing. Therefore, because the Federal SIP approval does not 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
annual costs to State, local, or tribal governments in the aggregate; 
or to private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated annual costs of 
$100 million or more to either State, local, or tribal governments in 
the aggregate, or to the private sector. This Federal action approves 
pre-existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major'' rule as defined by 5 U.S.C. 804(2).

H. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 12, 1999. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements.

    Dated: August 20, 1999.
Michael V. Peyton,
Acting Regional Administrator, Region 4.
    Part 52 of chapter I, title 40, Code of Federal Regulations, is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42.U.S.C. 7401 et seq.

Subpart S--Kentucky

    2. Section 52.939, is amended by adding paragraph (c)(94) to read 
as follows:


Sec. 52.939  Original identification of plan section.

* * * * *
    (c) * * *
    (94) Approval of the Louisville 15 percent plan and supporting 
regulations including the 1990 Base Year Emissions Inventory submitted 
by Kentucky on November 12, 1993, and amended on April 5, 1994, and 
June 30, 1997.
    (i) Incorporation by reference.


[[Page 49409]]


Regulation 6.43 Volatile Organic Compound Emission Reduction 
Requirements, amended May 21, 1997.
Regulation 1.18 Rule Effectiveness, adopted September 21, 1994.
Regulation 2.12 Emissions Trading (Including Banking and Bubble Rules), 
sections 1-7, amended December 18, 1996.
Regulation 1.16 Standards for Volatile Organic Compound Content of 
Architectural and Industrial Maintenance Coatings, adopted February 2, 
1994.
    Regulation 6.40 Standards of Performance for Gasoline Transfer to 
Motor Vehicles (Stage II Vapor Recovery and Control), amended August 9, 
1993.
Regulation 6.44 Standards of Performance for Existing Commercial Motor 
Vehicles and Mobile Equipment Refinishing Operations, adopted February 
2, 1994.
Regulation 7.79 Standards of Performance for New Commercial Motor 
Vehicle and Mobile Equipment Refinishing Operations, adopted February 
2, 1994.
Regulation 6.45 Standards of Performance for Existing Solid Waste 
Landfills, adopted February 2, 1994.
Regulation 8.03 Commuter Vehicle Testing Requirements, amended 
September 15, 1993.
    (ii) Other material. None.
* * * * *
[FR Doc. 99-23579 Filed 9-10-99; 8:45 am]
BILLING CODE 6560-50-P